HomeMy WebLinkAboutMINUTES - 09282002 - C.71 TO: BOARD OF SUPERVISORS
'Y Contra
FROM: DENNIS M. BARRY, AICD Costa
COMMUNITY DEVELOPMENT DIRECTORCounty
DATE: SEPTEMBER 26, 2004
SUBJECT: RESCIND EXISTING LANG?CONSERVATION CONTRACT NO.3-69 AFFECTING
APN: 354-310-021 AND APPROVE A NEW LAND CONSERVATION CONTRACT,
LANG)CONSERVATION CONTRACT NO.04-0005,RELATING TO LAND OWNED
BY THOMAS BRENKLE, LOCATED AT CUMMINGS SKYWAY AND STATE
ROUTE 4, FRANKLIN CANYON AREA (SUP. GIST. II)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
ADOPT resolution rescinding the existing Land Conservation Contract No. 3-69 as to APN:
354-310-021, approving a new contract, Land Conservation Contract No.04-0005 for APN:
354-310-0121 and authorizing the Chair to execute Lancs Conservation Contract No. 04-
0005 with Thomas Brenkle, the owner of APN 354-310-021,
FISCAL IMPACT
None.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMM1
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APPROVE OTHER
SIGNATURES .
ACTION OF BOARD ON £ ':r ` . 'APPROVED AS RECOMMENDED ; TI4ER
VP I=OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
UNANIMOUS(ABSENT A :r"}`-�}'' CORRECT COPY OF AN ACTION TAKEN AND
AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF
ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN
r
Contact: P.Roche,CDD-AP(925)335-9242 ATTESTED
cc: Community Development Dept. JOHN S T , CLERK OF THE BOARD OF
CAO SUPERVISORS AND COUNTY ADMININISTRATOR
County Counsel
County Assessor(via CDD) -
� f A w ;
CA Dept.of Conservation(via CDD) BY � � � DEPUTY
Thomas Brenkle(via CDD) — '7
September 21,2004
Board of Supervisors
County File:AP#04-0005
Page 2
BACKGROUND/REASONS FOR RECOMMENDATIONS
Thomas Brenkle, the owners of a 46.99-acre parcel comprised of APN 354-310-021,
located at Cummings Skyway and State Route 4 in the Franklin Canyon area, has applied
to place the acreage he owns into a new' Land Conservation Contract. Assessor Parcel
No. 354-310-021 was originally placed under Land Conservation Contract No.3-69
established on January 21, 1968 between the County and Philip Brenkle, Thomas
Brenkle's grandfather. Thomas Brenkle, having recently been deeded APN 354-310-021,
intends to continue agricultural uses on the property, but Mr. Brenkle wants to establish a
single family residence and new agricultural uses and related structures on the property
that are not currently reflected in the original Land Conservation Contract signed between
the County and Philip Brenkle. Thomas Brenkle desires to rescind the existing Land
Conservation Contract No. 3-69 only for his property for the purpose of entering into a new
Land Conservation Contract with the County. This 46.99 acre parcel would remain in
Agricultural Preserve No. 3-69, but under a new updated Williamson Act (Land
Conservation) contract.
Attached as Exhibit "A" is a copy of a Board Resolution rescinding Land Conservation
Contract No. 3-69 for the 46.99 acres comprised of APN 354-310-021 and approving a
new contract, listed as Land Conservation Contract No.04-0003, with Thomas Brenkle.
Attached as Exhibit "B" is a new Land Conservation Contract with Thomas Brenkle.
Attachments (2)
Exhibit"A" Resolution rescinding Land Conservation Contract No.3-69 as to APN: 354-310-021 and
approving new Land Conservation Contract No. 04-0005
Exhibit"B" new Land Conservation Contract No. 04-0005 with Thomas Brenkle for APN: 354-310-
021
D:**tOCkMChe&ADVNPLAMLANDCONS�a OMbrenMeboo9.2a04.dm
THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA
Adapted this Order on Tuesday, September 28, 2004 by the following vote:
AYES: Supervisors GIOA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2004/ 5 2 4
SUBJECT: RESCIND existing Land Conservation )
Contract No. 3-69 for the 46.09 Acres )
Comprising of APN: 354-310-021 )
AUTHORIZE the Execution of a )
new Land Conservation Contract )
No. 04-0005 with Thomas Brenkle )
For APN: 354-310-021 )
The Board of Supervisors of Contra Costa County RESOLVES that:
On January 16, 1969, the Board of Supervisors adopted Resolution No. 69/29
which authorized the Chairman of the Board to execute Land Conservation Contract No.3-
69 with Philip Brenkle, covering 267.2 acres at Cummings Skyway and State Route 4
(Franklin Canyon area), including the 46.99 acres that make up APN: 354-310-021, and
said contract was subsequently executed by the Board Chair, and recorded on January 21,
1969.
On July 13, 2004 Thomas Brenkle, the current owner of APN: 354-310-021 filed an
application with the Community Development Department requesting to rescind that portion
of Land Conservation Contract No. 3-69 affecting APN: 354-310-021 and to enter into a
new Land Conservation Contract to reflect the agricultural or compatible uses, and
agricultural related structures that Mr. Brenkle intends to pursue on the property.
RESOLVED, pursuant to Section 51254 of the California government Code, the
Board of Supervisors RESCINDS Land Conservation Contract No. 3-69 as it affects the
acres under APN: 354-310-021, now owned by Thomas Brenkle and AUTHORIZES the
Board Chair to execute a new contract, Land Conservation Contract No. 04-0005, with
Thomas Brenkle.
The Board further DIRECTS the Community Development Department to forward a
copy of this resolution and the executed version of the new contract, Land Conservation
Contract No. 04-0005, to the California Department of Conservation and the Office of
County Assessor.
I hereby c:sr3;fy that this is a true and correct
copy of an action taken and entered on the
Orig. Dept.: Community Development Department m'nutes of the Board of Supervisors on the
Contact: Patrick Roche(925/335-1242) date shown. J°
cc: CA Dept.of Conservation ATTESTED:
Office of County Assessor JOHN SWEETtN, Clerk of the Board
of Supervisors"d County Administrator
By — _..- %}` . putt'
RESOLUTION 20041 5 2 4
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on September 2f,2004 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 240415 2 5
SUBJECT: LAND CONSERVATION CONTRACT }
AP 04-0005 }
}
The Board.of Supervisors of Contra Costa County RESOLVES that:
I Parties. BY THIS CONTRACT, made and entered into the 28"day of September,
2004,
Thomas Brenkle
hereinafter referred to as "Owner," and the County of Contra Costa, a political subdivision of the
State of California, hereinafter referred to as "County" do mutually agree and promise as follows:
2. Property Description, Owner possesses certain real property located within the
County,which property is presently devoted to agricultural and compatible uses and is particularly
described in Exhibit A, attached hereto and made a part of this contract.
3. Pur ose. Both Owner and County desire to limit the use of said property to
agricultural uses and to compatible uses specified in this agreement in order to discourage premature
and unnecessary conversion of such lands from agricultural uses, recognizing that such land has
definite public value as open space and that the preservation of such land in agricultural production
constitutes an important physical, social, aesthetics and economic asset to County to maintain the
agricultural economy of County and the State of California.
4. Intent of Parties: Enforceable Restriction. Both Owner and County intend that the
term, conditions and restrictions of this Contract be in accordance with the California Land
Conservation Act of 1965,as amended,so as to be an enforceable restriction under the provisions of
Division 1,Part 2, Chapter 3,Article 1.5 of the California Revenue and Taxation Code(Rev.&Tax
Code § 421 et. seq.).
5. Intent of Parties: Effect on Property Value. It is the intent of the County and Owner
that this Contract is conditioned upon the continued existence of legislation implementing Article
XIII, § 8 of the California Constitution so the effect of the terms, conditions and restrictions of the
Contract on property values for taxation purposes is substantially as favorable to Owner as the
legislation existing on the last renewal date.
6. Governing Statutes and Ordinances. This Contract is made and entered into pursuant
to the California Land Conservation Act of 1965 (Chapter 7 of Part I of Division I of Title 5 of the
California Government Code commencing with Section 51200). This Contract further is made
pursuant to and subject to Contra Costa County Ordinance Code,Chapter 84-42 and Chapters 810-2
through 810-4, and Resolutions of the Contra Costa County Board of Supervisors Numbers
and
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7. Land Use Restrictions. During the term of this Contract or any renewals thereof the
above described land shall not be used for any purpose, other than the production of food and fiber
and compatible uses as listed in Contra Costa County Ordinance Code Chapter 84-42, which is
hereby incorporated by reference as if fully set forth herein;provided,however,that such additional
agricultural or compatible uses as are set forth in Exhibit B,which is attached hereto and is hereby
incorporated by reference, shall also be permitted subject to the terms and conditions set forth
therein. In case of conflict or inconsistency between the uses allowed in this Contract and those
specified in said zoning ordinance, the provisions of the Contract as set forth in Exhibit B shall
prevail.
8. Modification of Restrictions. The Board of Supervisors of County may from time to
time and during the term of this Contract or any extensions thereof,by amendment to Contra Costa
County Ordinance Code Chapter 84-42, add to those uses listed in said ordinance. Such additional
uses shall be limited to commercial agriculture and compatible uses and be subject to the density
restrictions of Government Code § 51220.5. Said board shall not eliminate,without written consent
of the Owner or his successors or assigns, a compatible use during the term of this Contract or any
renewals thereof.
9. Term and Renewal. This Contract shall be effective commencing on the last day of
December, 2004, and shall remain in effect for a period often (10) years therefrom.
This Contract shall be automatically renewed and its terms extended for a period of
one (1) year on the last day of December of each succeeding year during the term hereof, unless
notice of non-renewal is given in the manner provided by section 51245 of the Government Code.
At all times during the continuance of this Contract, as from time to time renewed, there shall be a
ten (10) year term of restriction unless notice of non-renewal is given in the manner provided by
Section 51245 of the Government Code. Under no circumstances shall a notice of renewal be
required of either party to effectuate the automatic renewal of this paragraph.
10. Cancellation. (a)Except as provided in Section 11, the provisions of this Contract
whereby Owner agrees to restrict the use of the land described in Paragraph 2 maybe canceled as to
all or a portion of said land by mutual agreement of the County and Owner after a public hearing has
been held in the manner provided by Section 51284 of the Government Code and upon a finding by
the Board of Supervisors that such cancellation is not inconsistent with the purposes of the Land
Conservation Act, or in the public interest, pursuant to Government Code Section 51282. It is
understood by the parties that the existence of an opportunity for another use of said land shall not be
sufficient reason for cancellation of the land use restrictions imposed herein and that the uneconomic
character of the existing use will be considered only if there is no other reasonable or comparable
agricultural use to which the land may be put.
(b)Upon cancellation of said portions of this Contract,Owner shall pay to the County
Treasurer, as deferred taxes, a cancellation fee in an amount equal to the greater of twelve and one-
half(12 'lz%)percent or the current fee provided by state law of the cancellation value of the property
being released from the terms of this Contract. Said cancellation value shall be determined in
accordance with the provisions of Government Code Section 51283 (a) and (b). Under no
circumstances shall the payment of said cancellation fee be waived,deferred,or made subject to any
contingency whatever.
(c) Final cancellation shall be effectuated in accordance with the provisions of
Government Code Section 51283.4.
11. Cancellation Upon Substitution ofNew Restrictions.This Contract may be canceled
by mutual agreement of County and Owner without payment of deferred taxes or public hearing if it
is replaced by an enforceable restriction authorized by Article XIII, § 8 of the California
Constitution.
12. Eminent Domain Proceedings. (a) In accordance with the provisions of the
Government Code Section 51295,incorporated by reference herein,upon the filing of any action in
eminent domain for the condemnation of the fee title of the land or any portion thereof subject to this
Contract or upon acquisition of such land in lieu of eminent domain by public agency for a public
improvement, the provisions of this Contract shall be null and void as to the land so condemned or
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acquired.
(b) If, subsequent to the filing of an action in eminent domain, the proposed
condemnation is abandoned as to all or a portion of the land subject to the Contract,the restrictions
on land use set forth in this Contract shall, without further agreement of the parties herein, be
reinstituted and the terms of this contract shall be in full force and effect,subject to the cancellation
provisions of Government Code Section 51295.
13. Remedies for Breach of Contract. (a)In the event that Owner fails to comply with the
terms and conditions of this Contract and the effect of said breach to render the use of land or a
substantial portion thereof unfit for agricultural use,thereby negating the purpose and effect of this
Contract, Owner shall pay to the County a sum equal to One Hundred Per Cent (100%) of the
equalized assessed value of the real property described in Exhibit A, as established by the County
Assessor on the lien date next following the date of breach, as liquidated and agreed damages, it
having been agreed that actual damages will be impractical and extremely difficult to ascertain and
that said measure of damages is a reasonable measure of the harm which would result from such
failure of compliance. If, after the date the Contract was initially entered into, the publicly
announced county ratio of assessment to full cash value is changed,the percentage payment in this
subdivision shall be changed so no greater percentage of full cash value will be paid than would have
been paid had there been no change of ratio.
(b)It is understood that nothing herein contained shall constitute a waiver of any right
which the County may now or in the future have to seek specific performance of this Contract or
other injunctive relief. The enforcement provisions of the Contra Costa County zoning ordinance
shall also apply if the land which is the subject of this contract is used for purposes other than those
provided in Ordinance Code Chapter 84-42 or this Contract.
14. Effect of Division of Property. Owner agrees that division of the property described
in Exhibit A into two(2)or more parcels,whether by sale, gift,by operation of law or by any other
means, upon a finding by the Board of Supervisors that said division is detrimental to the ultimate
preservation of said property for exclusive agricultural use,be construed by the County as notice of
non-renewal by the property owner as provided in Section. 9 of this Contract.
15. New Contracts Upon Division. In the event the land under this Contract is divided,a
Contract identical to the Contract then covering the original parcel shall be executed by Owner on
each parcel created by the division at the time of the division. Any agency making an order of
division or the County which has jurisdiction shall require, as a condition of the approval of the
division,the execution of the Contracts provided for in this section,provided,however,that failure
of Owner to execute Contracts upon division shall not affect the obligations of the heirs,successors
and assigns of Owner as established in Sectionl6.
16. Contract to Run with Land. The within Contract shall run with the land described
herein, and upon division, to all parcels created therefrom, and shall be binding upon the heirs,
successors, and assigns of the Owner.
17. Consideration. Owner shall not receive any payment from County inconsideration of
the obligations imposed hereunder, it being recognized and agreed that the consideration for the
execution of the within Contract is the substantial public benefit to be derived therefrom and the
advantage which will accrue to Owner as a result of the effect on the method of determining the
assessed value of land described herein and any reduction therein due to the imposition of the
limitations on its use contained herein.
18. Income and Expense Information. The Owner shall annually furnish the County
Assessor with such information as the Assessor may require to determine the valuation of the
Owner's land.
19. Effect of Removing Preserve or Zoning Classification. Removal of any land under
this Contract from an agricultural preserve or removing the agricultural preserve zoning
classification thereof shall be the equivalent of notice of non-renewal by the County for purposes of
Section 422 of the Revenue and Taxation Code.
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... ..... .. ........... . .
RESOLUTION 2004/525
ATTEST: COUNTY OF CONTRA COSTA
JOHN SWEETEN, County Administrator
and Clerk of the Board of Supervisors
y: By:
pity Clerk air, Board of Supervisors
RESOLUTION 2004/525
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�'sB♦e} x TA
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OWNER ♦ ♦
♦ a
♦ n
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f✓.
My Commission&Pifes S/27/2006
We the undersigned trust deed or other encumbrance holders do hereby agree to and agree to be
bound by the above-unposed restrictions.
Approved as to Form:
Silvano B.k4archesi, County Counsel
By.
Deputy County Counse `
NOTE: All signatures for Owner must be acknowledged.
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CONTRA COSTA COUNTY LAND CONSERVATION CONTRACT NO. AP-04-0005
EXHIBIT A
PROPERTY DESCRIPTION
Pursuant to Paragraph 2 of the Land Conservation Contract to which this exhibit is attached,the land
described below is designated as the subject of said Contract. Said land is described as follows:
That real property located in the County of Contra Costa, State of California, more
particularly described as follows: The legal description to said property is contained
in Schedule 1, consisting of pages, attached hereto and incorporated by
reference herein.
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Description
Parcel 354-310- 021
Beginning at post P.D.S., comer of lands of George Washington Me Near, James Stewart
and Joseph Brenkle, in Rancho Canada del Hambre,Contra Costa County, California,
more particularly described in deed from Bernardo Fernandez to Joseph Brenkle made
May,29, 1897, and recorded September 29, 1897, in Volume 77 of Deeds, pages 140 and
141, Records of Contra Costa County, California,thence(using the survey data from
Indenture, dated 30 November 1904 and recorded Dec. 1, 1904, in Deeds 107, pages 275
and 276, Official Records of Contra Costa County)from said point of beginning North
1 !/20 West, 18.26 chains (1205.16 feet)to station post marked M.B.I on westerly slope
of hill;thence South 88 0 East(along fence and prolongation of same) 22.11 chains
(1393.26 feet)to point A, a post in angle of fences;thence South 3 1/2 ' West along
fence, 8.03 chains (529.98 feet)to point B;thence (descending) South 4%' East 17.20
chains (113 5.20 feet)to station a fence post in angle offence marked M.B.11;thence
(using the freeway survey data from Grant Deed, Document 60587, dated Sept. 21, 1967,
and recorded in Book 5458,pages 503 through 505, Official Records of Contra Costa
County)on a bearing North 86* 00' 06" West(opposite S 860 00' 06"E) for a distance
of 118.06 feet to point D; thence on a bearing South 87' 4446" West (opposite N87*
44' 46"E) for a calculated distance of 461.22 feet to point E;thence(back onto the
original 1904 survey data) on a bearing North 58' 37' West for a calculated distance of
988.07 feet to the point of beginning P.D.S.
CONTRA COSTA COUNTY LAND CONSERVATION CONTRACT NO. AP-04-0005
EXHIBIT B
ALLOWABLE LAND USES
Pursuant to the provisions of Section 84-42.402 (2) of the Contra Costa County Ordinance
Code and Paragraph 7 of the Land Conservation Contract, of which this exhibit is made a part,the
land uses and structures described below are authorized without a land use permit subject to the
terms and conditions set forth below. Said uses and structures shall be in conformance to those
authorized by Section 84-42.402(1)and Section 84-42.404 but shall be subject to Section 84-42.602
through Section 84-82.1402 of Chapter 84-42 of the County Ordinance Code.
I. Existing Non-conforming Structures
The following non-conforming structures are permitted, subject to the provisions of County
Ordinance Code Chapter 82-8:
Nene.
2. Existing Conforming Structures
A 6000 gallon steel water tank.
3. Proposed Structures
One single-family residence with attached garage, one metal agricultural storage shed, and
one horse barn.
4. Existing Land Use
Livestock grazing.
5. Proposed Land Use
Livestock grazing, and ornamental tree farming.
6. Existing Use Compatible with Agricultural Use
Livestock grazing.
7. Pmposed Use Compatible with Agricultural Use:
Livestock grazing, ornamental tree farming, and a single-family residence.
D:1p;,kkrWx dADVNPLAI,tANDCON5'apO4-0005.d.c
RESOLUTION 20041.x' _5
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